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State of Nebraska <br />200502383 <br />Space Above This Line For Recording Data <br />REAL ESTATE DEED OF TRUST <br />(With Future Advance Clause) Loan No. 0150222740 <br />Construction Security Agreement <br />LJ Master form recorded by <br />1. DATE AND PARTIES. The date of this Deed of Trust is Mar _ 17,___2005 ......... and the parties and their addresses <br />are as follows: DANIEL P CIMINO and MOLLY J CIMINO, Husband and Wife <br />TRUSTOR: ) <br />2905 S BLAINE ST <br />GRAND ISLAND, NE 68803 <br />0 Refer to the Addendum which is attached and incorporated herein for additional Trustors. <br />TRUSTEE: TierOne Bank <br />1235 'N' St / P.O. Box 83009 <br />Lincoln, NE 68501 <br />BENEFICIARY: Tierone Bank <br />1235 'N' St / PO Box 83009 LINCOLN, HE 68501 <br />Organized and Existing Under the Laws of the United States of America <br />2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure <br />the Secured Debt (hereafter defined), Trustor irrevocably grants, conveys and sells to Trustee, in trust for the benefit of the <br />Beneficiary, with power of sale, the following described property: <br />The East Half of the Northwest Quarter (E1 /2NW1 /4) and the Northeast Quarter of the Southwest <br />Quarter (NE1 /4SW1 /4) and the Northwest Quarter of the Southeast Quarter (NN1 /4SE1/4), all in <br />Section Thrity -six (36), Township (11) North, Range Nine (9) West of the 6th P.M., Hall <br />County, Nebraska EXCEPT a certain tract more particularly described in Report of Appraisers <br />recorded in Book R, Page 604; EXCEPT a certain tract more particularly described in Deed <br />recorded in Book 71, Page 235; EXCEPT a certain tract more particularly described in Warranty <br />Deed recorded as Document No. 81- 000758 and EXCEPT a certain tract more particularly described <br />in Warranty Deed recorded as Document No. 200009029. <br />The property is located in Hall at 3997 E HUSKER HWY <br />(County) <br />------------- - - - - -- GRAND IS- LAND ---------------------- , Nebraska 68810111-1-1- <br />(Address) (City) (ZIP Code) <br />Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, crops, timber, all diversion <br />payments or third party payments made to crop producers, and all existing and future improvements, structures, fixtures, <br />and replacements that may now, or at any time in the future, be part of the real estate described above (all referred to as <br />"Property "). The term Property also includes, but is not limited to, any and all water wells, water, ditches, reservoirs, <br />reservoir sites and dams located on the real estate and all riparian and water rights associated with the Property, however <br />established. <br />3. MAXIMUM OBLIGATION LIMIT. The total principal amount of the Secured Debt (hereafter defined) secured by this <br />Deed of Trust at anyone time shall not exceed $ 199, 000.00........- This limitation of amount does not include <br />interest, loan charges, commitment fees, brokerage commissions, attorneys' fees and other charges validly made pursuant to <br />this Deed of Trust and does not apply to advances (or interest accrued on such advances) made under the terms of this Deed <br />of Trust to protect Beneficiary security and to perform any of the covenants contained in this Deed of Trust. Future advances <br />are contemplated and, along with other future obligations, are secured by this Deed of Trust even though all or part may not <br />yet be advanced. Nothing in this Deed of Trust, however, shall constitute a commitment to make additional or future loans <br />or advances in any amount. Any such commitment would need to be agreed to in a separate writing. <br />4. SECURED DEBT DEFINED. The term "Secured Debt" includes, but is not limited to, the following: <br />A. The promissory note(s), contract(s), guaranty(s) or other evidence of debt described below and all extensions, <br />renewals, modifications or substitutions (Evidence of Debt). (When referencing the debts below it is suggested that <br />you include items such as borrowers' names, note amounts, interest rates, maturity dates, etc.) <br />A Promissory Note dated 03/17/2005 in the original principal sum of 9199,000.00 <br />NEBRASKA - AGRICULTURAL/COMM ERCIAL DEED OF TRUST (NOT FOR FNMA, FHLMC. FHA OR VA USE, AND NOT FORCONSUMER PURPOSES) .- pxge 1 of 6 <br />Ei o (D 1993 Bankers Systems. Inc.. St. Cloud, M N Form AG/CO -DT-NE 1/3012002 YJ <br />AI V164(NE)(0307) VMP Mortgage Solutions (800)521 -7291 <br />